Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698941512031.pdf (Uganda)
PARLIAMENT OF UGANDA OFFICE OF THE LEADER OF OPPOSITION ALTERNATIVE POLICY STATEMENT JUSTICE AND CONSTITUTIONAL AFFAIRS SECTOR FY 2020/2021 HON.MEDARD LUBEGA SSEGGONA, MP SHADOW MINISTER March, 2020 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ ii ACRONYMS AND ABBREVIATIONS ...................................................................................... iv 1.0 INTRODUCTION ............................................................................................................... 1 2.0 STRATEGIC IMPORTANCE OF THE SECTOR ............................................................. 3 3.0 OVERALL DIAGNOSTIC PERFORMANCE OF THE SECTOR .................................... 7 4.0 PERFORMANCE OF THE SOCIAL CONTRACT ......................................................... 15 5.0 KEY ALTERNATIVE POLICIES AND JUSTIFICATION ............................................ 20 6.0 CONCLUSION .................................................................................................................. 23 ANNEX 1: SUMMARY OF KEY ALTERNATIVE POLICIES ................................................... i i EXECUTIVE SUMMARY Following Rule 146 of the rules of procedure of the Parliament of Uganda, and Section 6E of the Administration of Parliament (Amendment) Act, 2006 which requires and empowers the various Shadow ministers to present alternative policy statements on the floor of the House for consideration and possible implementation, this Alternative Policy Statement is accordingly presented for the Justice and Constitutional Affairs portfolio for FY 2019/20.
The Justice and Constitutional Affairs Sector, through the statutory institutions allied to it, is strategically important in that it helps guarantee a strong, harmonized and consistent legal, regulatory and policy environment conducive for national development.

Government policies such as Vision 2040, NDP III and BFP 2020/21 acknowledge that the judicial sector is critical in fostering justice and peace which is a pillar in the growth and development of the country.
Despite this, the sector is dogged by the continued decline in the rule of law and curtailment of the Judiciary’s powers by an overbearing executive.

Further, the sector is inadequately funded and cannot meet the financial obligations needed to ensure the effective implementation of its activities.

Infrastructure in terms of housing is a big challenge and courthouse facilities do not follow the guidelines that ensure standards of safety, accessibility, and security.
Corruption within the sector is endemic and the system undermines human rights and public confidence in multiple ways.

The Electoral Commission has failed to conduct free and fair elections while The Uganda Human Rights Commission is an ineffective organ with gross human rights violations being committed under its watch.

The office of the Director of Public Prosecutions (DPP) has also been turned into a tool to persecute political opponents of the regime.
Other institutions under the sector like the LDC, URSB all have shortcomings that arise especially from unnecessary interference by the executive and government failure to provide adequate funding.

ii The ineffectiveness of the Justice and Constitutional Affairs sector is an example of the failures of the NRM government to honor its pledges of ensuring good governance and the rule of law.
As such, the Constitution and several other laws have been rendered mere instruments of deployment for regime survival.

Summary of our key alternative policies: 1.

Corruption:.

Institute both long term and short term measures of fighting corruption.

Long terms measure requires inculcation values that disparage corruption, role modeling while short term measures are in the form of the political will.

2.
2.

Electoral Commission: Amend and implement the electoral laws to provide for the establishment of a truly independent and impartial Electoral Commission.

3.

Judiciary, constitutionalism, and rule of law: We shall institute measures that insulate the judiciary from external interference as well as empower judicial officers through adequate resourcing.

4.
4.

The Human Rights Commission: Restructure the constitution of the Uganda Human Rights Commission to provide for additional commissioners, and for the commissioners to be selected by the Judicial Service Commission 5.

Law Development Centre: Set up a loan scheme to enable students who complete the Bachelors law course who can not afford to proceed for the bar course.
iii ACRONYMS AND ABBREVIATIONS ACCU Anti-Corruption Coalition Uganda AG CRPD CSOs DPP EC FDC IGG Attorney General Convention on the Rights of Persons with Disabilities Civil Society Organizations Office of the Director of Public Prosecutions Electoral Commission Forum of Democratic Change Inspectorate of Government JLOS Justice Law and Order Sector JSC Judicial Service Commission JSC LDC MJCA NGOs NRM OAG Judicial Service Commission Law Development Centre Ministry of Justice and Constitutional Affairs Non-Governmental Organizations National Resistance Movement Office of the Auditor General PG Peoples Government POMA SDGs UHRC ULRC UPDF UPS Public Orders Management Act Sustainable Development Goals Uganda Human Rights Commission Uganda Law Reform Commission Ugandan Peoples’ Defense Forces Uganda Prisons Services URSB Uganda Registration Services Bureau WJP World Justice Project iv 1.0 INTRODUCTION The authority to present the alternative policy statement is derived from Rule 146 of the rules of procedure of the Parliament of Uganda, and Section 6E of the Administration of Parliament (Amendment) Act, 2006 which require and empower the various Shadow ministers to present alternative policy statements on the floor of the House for consideration and possible implementation.
Rule 146 of the rules of procedure of Parliament, allows the shadow ministers to submit their Alternative Policy Statements to Parliament by the 29th day of March every year.
Section 6E (1): “The principal role of the Leader of the Opposition is to keep the government in check.” Section 6E (2) states: “The Leader of the Opposition shall under subsection (1), in consultation with his or her party leadership appoint a Shadow cabinet from members of the opposition in Parliament with portfolios and functions that correspond to those of Cabinet Ministers.” Section 6E (4) states: “The Leader of the Opposition (LoP) shall study all policy statements of government with his or her Shadow ministers and attend committee deliberations on policy issues and give their party’s views and opinions and propose possible alternatives.” Besides, the Republic of Uganda issued a guide1 in 2013, on what policy is.
It defined policy to mean a course or principle of action adopted or proposed by a government, party, business or individual.
This guide was founded on and agrees with Thomas R. Dye who in 1995, in his Understanding Public Policy, summarized policy to mean “whatever governments choose to do or not to do”2 1 The Republic of Uganda: A guide to policy development & management in Uganda, October 2013, pg 9 2 Dye Thomas R (1995) Understanding Public Policy, pg 2 1 Alternative policy therefore, in this context, comprises of different actions, tools and measures, put together, which are capable of attaining specific policy outcomes3 Following the above frameworks, I submit this Alternative Policy Statement to Parliament for the Justice and Constitutional Affairs sector 2020/21.
3Howlett & Rayner, 2013, p. Feb 16, 2019 2 2.0 STRATEGIC IMPORTANCE OF THE SECTOR The Justice and Constitutional Affairs Sector, through the statutory institutions outlined below, is strategically important in that it helps guarantee a strong, harmonized and consistent legal, regulatory and policy environment conducive for national development4.
The importance is highlighted through an analysis of the different Institutions aligned to the sector as discussed below; Ministry of Justice and Constitutional Affairs (MJCA) The mission of the Ministry of Justice Constitutional affairs mission is to provide legal advice and legal services to government, as well as supporting the machinery that provides the legal framework for good governance5.
This helps the government in implementing its policies within the law and thus saving it from unwarranted legal challenges and costs.

The role of the Ministry is to strengthen the public sector which is a critical factor in the development process.

Besides, the sector is charged with good governance which is a prerequisite for social-economic development and finally, the Ministry feeds into the 2030 agenda of building a just and inclusive society that provides equal justice and strong institutions.
The Judiciary The role of the judiciary is to administer justice to all people in Uganda in an independent, impartial, accountable, efficient and effective manner6.

This reduces conflict and misunderstandings between parties and creates harmony, justices, and fairness in the society which is necessary for meaningful growth and development.
4 Vision 2040, pg 104 5 https://www.justice.go.ug/ 6 https://judiciary.go.ug/ 3 Electoral Commission (EC) The Mandate of EC is to efficiently organize, conduct and supervise regular, free, fair and transparent elections and/or referenda to enhance democracy and good governance7.

By so doing, the EC is operationalizing Article 1 (4) of the constitution that mandates people to choose their leaders.
Law Reform Commission (LRC)8 The LRCismandated to reform and update laws in line with the social, cultural, economic needs and values of the people of Uganda.

Because society is not static, laws can never be static.

The law changes with the changes in society.

For example, there is a call to amend the succession action and amend the penal code act regarding the offense of adultery.

It is, therefore, the role of the LFC to regularly review and update such laws.
Uganda Human Rights Commission (UHRC) UHRCserves to monitor compliance by government agencies with the Bill of Rights as enshrined in the 1995 Constitution of the Republic of Uganda.

It is mandated to investigate human rights abuses, adjudicate and award compensation to the victims of state torture in line with article 50 of the 1995 Constitution of the Republic of Uganda.
With the prevalence of partisan institutions like the Uganda police9 it requires an independent body like UHRC to adjudicate cases of gross abuse that could have been meted out to innocent people.
Law Development Centre (LDC)10 7 https://www.ec.or.ug/ 8 https://www.ulrc.go.ug/ 9 https://observer.ug/viewpoint/63128-police-should-not-be-partisan 10 https://en.wikipedia.org/wiki/Law_Development_Centre 4 The LDC is supposed is to promote the rule of law and access to justice through professional legal training, research, publications, community legal service and advocacy to legal practitioners, policymakers and the public.
Dispensing justice requires that there should be a fair hearing11, accordingly, every suspect is entitled to legal representation.

Arriving at a fair ruling also requires a professional, well trained, experienced magistrates or judges.

The LDC, therefore, plays an important role in producing human resources to serve in the justice sector.
Uganda Registration Services Bureau (URSB) The Uganda Registration Services Bureau (URSB) is responsible for civil registrations (including marriages and divorces but not including births, adoptions, or deaths), business registrations (setups and liquidations), registration of patents and intellectual property rights, and any other registrations required by law12 By doing so URSB is a source of information for planning purposes but also reduces business- related conflicts that may arise due to plagiarism and bleach patent and intellectual property rights.
URSB is also a source of revenue for government derived from different services.

URBS helps to operationalize the marriage law in Uganda.

Registration of marriages is very important in the security and protection of spouses and children who can be victims in the event of divorce or death.

Office of the Director of Public Prosecutions (DPP)13 The DDPis mandated to handle and prosecute criminal cases in a just, effective and efficient manner.
This is aimed at ensuring that there are justice order and rule of law in the country which is a prerequisite for national development14.
11 The 1995 Constitution of the Republic of Uganda; Article 28 12 https://en.wikipedia.org/wiki/Uganda_Registration_Services_Bureau 13 Article 120 of the Constitution of the Republic of Uganda (1995) 14 Budget Framework Paper, 2020/21, pg 120 5 Judicial Service Commission (JSC) The role of the JSC isto foster an accountable and effective judicial service through competency- based recruitment, disciplinary control, stakeholder engagement, and public and judicial education15.
Often, judges have been reported to act with bias while others have been accused of taking bribes16 which have affected the quality of judicial service in the country.

However, with the JSC there is the assurance that once a judicial officer acts in contravention of the judicial code of conduct, she/he can be challenged before the JSC.

This assurance is good for confidence building amongst the public and the judiciary, as well as for fairness of the legal system.

15 www.justice.
15 www.justice.

go.ug 16 New Vision November 17, 2009 6 3.0 OVERALL DIAGNOSTIC PERFORMANCE OF THE SECTOR Whereas the sector seems to be achieving a few positives, overall the sector is performing poorly as it hasn’t been in position to achieve its intended objectives over the years.

The sector has proven not capable of delivering on its mandate.
Not only is it administratively and financially weak, but it is also regarded with suspicion, skepticism, unease or fear by substantial sections of the general public.

A critical diagnostic analysis of the sector reveals many issues in the sector that need strengthening.

Lack of transparency and independence in judicial appointments: The principle of separation of powers requires that the judiciary like the other arms of government acts independently.
Independence of the three arms of government is aimed at promoting the principle of checks and balances in operations of government.

A partisan judiciary cannot deliver justice to the people yet, justice and fairness have been acknowledged as pillars of growth and development17.

Unfortunately,appointments in the judicial service are partisan and meant to serve individual interests.
This was vivid in 2013 when President Museveni arm-twisted the Judicial Service Commission into giving Chief Justice Benjamin Odoki a two-year extension of service after he clocked retirement age.18 A decline in the rule of law: While receiving instruments of power, every leader takes an oath to uphold the constitution and observe the rule of law.

The rule of law is critical for building democracy and democratic institutions.

It also enables the peaceful resolution of conflicts.
17 Vison 2040, pg 104 18https://www.monitor.co.ug/News/National/Museveni-gives-Odoki-two-more-years-as-CJ/688334-1922420- kl1fihz/index.html 7 However, in Uganda, over time, there has been a persistent decline in the rule of law.

Uganda has been rated poorly by the world-renowned rule of law index compiled by the World Justice Project (WJP) and the latest rule of law index 2018/19 ranked Uganda number 113 out of 126.
The dismal performance by Uganda arose out of a very poor ranking in all the parameters of the index as shown in table 1 below: Table 1: Global ranking of Uganda in the world Justice Project rule of law index 2018/19 Rule of law index parameter Constraints on government powers19 Absence of corruption20 Open government21 Fundamental rights22 Order and security23 Regulatory enforcement24 Civil justice25 Criminal justice26 Overall ranking Source: http://data.worldjusticeproject.org/#/groups/UGA Global rank 105/126 124/126 100/126 115/126 112/126 104/126 95/126 107/126 113/126 19 Including: Limits by legislature; Limits by judiciary, Independent auditing; Sanctions for official misconduct; Non-governmental checks; Lawful transition of power 20 Absence Corruption in the executive branch; In the judiciary; In the police/military; In the legislature 21 Including Publicized laws & gov't data; Right to information; Civic participation; Complaint mechanisms 22 No discrimination; Right to life & security; Due process of law; Freedom of expression; Freedom of religion; Right to privacy; Freedom of association; Labour rights 23 Absence of crime; Absence of civil conflict; Absence of violent redress 24 Effective regulatory enforcement; No improper influence; No unreasonable delay; Respect for due process; No expropriation w/out adequate compensation 25 Accessibility & affordability; No discrimination; No corruption; No improper gov't influence; No unreasonable delay; Effective enforcement; Impartial & effective ADRs 26 Effective investigations; Timely & effective adjudication; Effective correctional system; No discrimination; No corruption; No improper gov't influence; Due process of law.
8 The rule of law index identifies politicization of the Judiciary, the violation or uneven protection of basic rights and corruption as a major curtailer of the social contract, undermining public confidence in Ugandan government institutions.

The decline of rule of law is also illustrated by the persistent attacks on the judiciary from the overbearing executive.
From the Black Mamba siege (where suspects were rearrested by a large contingent of plain-clothed armed men after being freed on bail by the High Court)27to its sometimes-outright defiance and disregard of court orders28, the indiscretions of the executive arm have continuously threatened the due administration of justice hence leading to decline in the rule of law.

An ineffective judicial disciplinary process: Justice delayed, is justice denied.
Dispensing justice must be fast to enable the affected party to heal but importantly getting justice quickly makes it cheap in terms of time and resources and therefore affordable.

Over the past 10 years and beyond, it has steadily become apparent that the Judicial Service Commission, as constituted, cannot effectively carry out this mandate.
The Judiciary’s audits by the Office of the Auditor General (OAG) have always revealed that “the Commission has been slow in handling cases brought against judicial officers.

“The JLOS report 2014/2015 indicates that the JSC takes an average lead time of six months to conclude and determine a complaint against a judicial officer.29 This would explain the low disposal rate of the commission in terms of cases before them.
Budget analysis Table showing the budget allocations for FY 2019/20-2020/21 27 https://www.monitor.co.ug/Magazines/PeoplePower/Black-Mamba-s-raid-on-Kampala-High-Court--How-it- happened/689844-3473512-13dbpou/index.html 28 Judiciary Condemns Court raid, Re-arrest of Suspects; New Vision, September 13 2019 29 JLOS Annual Performance Report 2013/2014 9 Billion Uganda shillings Programme Service Vote: 007 MJCA 2019/20 2020/21 UGX % TSB % TNB UGX % TSB %TNB 228.057 46.0% 0.6% 228.057 46.0% 0.6% Vote: 106 UHRC Vote: 109 LDC Vote: 119 URSB Vote: 133 DPP Vote: 105 LRC Vote: 101 Judiciary 181.612 36.7% 0.5% 181.612 36.7% 0.5% Vote: 148 JSC 9.706 2.0% 0.0% 9.706 2.0% 0.0% Total Sector Budget( TSB) 495.435 1.2% 495.435 1.4% Total National Budget (TNB) 39,837.30 36,221.66 Analysis of data from the BudgetFframework Paper 2020/21 From the above budget analysis, it should be noted, that the Judiciary which is one of the most important institutions in the country, was allocated a meager UGX 181.612 billion for the FY2019/20, accounting for just 0.5% of the Total National budget, as compared to,for example,the UGX 497.80 billion that was allocated to the legislature; which constituted 1.52 % of thetotal national budget.
In addition, there is an observed decline in the amount funds received by the Law ReformCommission from UGX 9.643 billion received in the FY2018/19 to UGX 5.88 billion received in the FY2019/20 as well as the FY2020/21.
This decline in the amount of funds allocated to the Commission constrains its efforts to fully deliver on itsmandate, which is to reform and update laws in line with the social, cultural, economic needs and values of the people of Uganda30 Furthermore, the UHRC Commission is currently grappling with a backlog of cases, caused by the understaffing of commissioners, who are supposed to dispose of these cases31.
The Commission is 30 https://www.ulrc.go.ug/ 31 Section 2(1) The Uganda Human Rights Commission Act, 1997 10 faced with inadequatefinancing to supervise other government agencies to oversee the observance of their human rights and hence more funding is needed to enhance judicial officers’ salaries and recruit new ones32.

Infrastructural limitations: Housing remains a glaring challenge in the Judiciary.
Reports indicate that out of the 141 buildings used by the Judiciary, 96 are owned by the department and 45 are rented buildings or buildings of local administration in the respective districts.33Therefore, every year the government appropriates money for the rent of premises hence eating into the already meager resources that would have been channeled towards programmes and projects.
Worse still, the services afforded to litigants, judicial officers, lawyers and the general public in some of these rented premises are not only far from adequate but also hazardous.

In some instances, ceilings have collapsed and in others, even basic sanitary services have broken down.34 Corruption in the sector: The rampant corruption in Uganda is one of the bottlenecks to the country’s growth and development35.

Uganda is the third most corrupt country in East Africa after Southern Sudan and Burundi36.
Within the JLOS, systemic corruption is known to besetthe justice system right from the commencement of a criminal investigation or the filing ofa civil lawsuit, through the judicial process up to the enforcement of the court’s decision.
This is why Chief Justice Bart Katureebe set up a six-member taskforce to investigate allegations of corruption in the Judiciary37 32 https://www.pmldaily.com 33 MJCH Policy statement for FY 2017/18 34 During the presidential election petition, the Supreme Court which is renting premises in Kololo was hit by a toilet crisis and court users were asked to go out into the predominantly residential neighborhood to relieve themselves.

Daily Monitor 17/ March/2016 35 Vision 2040: pg.


6 36 East Africa S. Sudan most corrupt Rwanda Least: Report.
Daily Monitor Tuesday 28th January, 2020 37 https://www.newvision.co.ug/new_vision/news/1505104/taskforce-probe-corruption-judiciary-unveiled 11 Indeed, an undercover report published in 2014 revealed that corruption is commonplace in Uganda’s “temples of justice” (especially Magistrates’ Courts) that justice (or injustice) is on sale to the highest bidder and that public faith in the Judicial system has been undermined38 Partisan Electoral Commission: The mandate of the EC is to conduct regular free and fair elections to enable Ugandans to choose leaders that they wish to as provided for in article one of the 1995 Uganda constitution.
While elections are conducted regularly in Uganda, Election Observer bodies have indicated that elections have not been free and fair39.
For instance, many incidences of intimidation and violence occurred in the 2011 and 2016 general elections, and the participation of opposition politicians has been constrained on questionable grounds.40 The Afro Barometer Survey (2017) indicates that fewer Ugandans (61%) believe that the 2016 general election was free and fair, a decline from assessments of the 2011 election.
Besides, the Constitution, under Article 60 (1), provides that, all seven (7) Commissioners of the EC are appointed by the President with the approval of Parliament.

Such a process that vests appointing powers in the hands of the President risks undermining the impartiality of the commission.
Ineffective Uganda Human Rights Commission (UHRC): The mandate of UHRC is to investigate human rights abuses, adjudicate and award compensation to the victims of state torture in line with article 50 of the 1995 Constitution of the Republic of Uganda.

The framers of the 1995 constitution anticipated that power can be abused by state agents who are in essence supposed to protect citizens.
38 Emmanuel Mutaizibwa, ‘Uganda: Temples ofinjustice; http://www.aljazeera.com/programmes/africainvestigates/2014 39 2016 Elections not free and fair.

The Observe; February 21, 2016 40 European Union Election Observation Mission to Uganda.

(2016).

Chief Observer Eduard Kukan presents preliminary (20/02/2016).

http://www.eeas.europa.eu/archives/delegations/uganda/press_corner/all_news/news/2016/20160220_en.htm.
Electoral Observation Mission to Uganda statement EU of 12 Unfortunately, since its inception, the UHRC has done little in terms of advancing human rights in Uganda.

Under the commission’s watch, massive human rights abuses have been committed in Uganda.

For example, during the post-election time in 2016, there were killings and violence directed towards Opposition leaders.41At least 22 protesters were also killed as a result of post- election violence in 201642.
The failure of the UHRC can be attributed to its structures and mode of work.

For example, regarding the appointment and composition of the commission, the chairperson and other members are appointed by the President with the approval of Parliament.43The commission, therefore, lacks independence; courage and integrity to do anything concrete in terms of denouncing human rights abuses in fear of retribution from the president.
Uganda Registration Services Bureau (URSB): Much as URSB is doing a relatively good job of achieving its mandate, reports of delays in some of their services and corruption perpetrated by middlemen who act on behalf of innocent Ugandans seeking the services of the bureau are still common.

Anyhow, at least this department has greatly improved using its E-Systems.
Law Development Center: LDC in the past years has mainly been associated with the persistent reports of exam malpractice in the form of manipulation of the final results by students with the aid of their lecturers.

LDC is also a money-making institution but it still receives a huge budget allocation from the government and also charges high tuition to its learners which makes it costly and unaffordable to many students that would wish to join the bar course.
Office of the Director of Public Prosecutions (DPP): 41 http://www.reuters.com/article/us-uganda-security-idUSKCN0WG1G4 42 https://guardian.ng/news/22-die-in-ugandan-post-election-violence/ 43 Section 2(1) The Uganda Human Rights Commission Act, 1997 13 The mandate of the DDPis to ensure that there are justice order and rule of law in the country by prosecuting criminals and in a fair manner.

Justice and fairness are constituents of democracy which is pivotal in the development process.
The office of DPP has however been used to sanction trumped up political charges against Opposition politicians and some members of the Islamic faith or failure to prosecute cases that politically undermine the NRM government.
The lack of impartiality and unreliability of the DPPs office serves to undermine justice in the country and confidence in our judicial institutions.44 44 https://observer.ug/component/content/article?id=22293:dpp-buteera-denies-being-used-by-govt 14 4.0 PERFORMANCE OF THE SOCIAL CONTRACT This section examines the various commitments that the current government has made to the people of Uganda through mediums such as the NRM election manifesto, National Development Plan and other representations and commitments.
Unfulfilled NRM government promises Elimination of corruption, decentralization of power, and enhancement of democracy were pointed out by the NRM/NRA as key objectives for a future government45.
The NRM government at the moment claims that since coming into power in 1986, President Museveni and his government is fully committed to promoting and upholding democracy and good governance first as a core value, but also as an essential condition for national transformation through working for peace, security, law and order, as well as equality of all citizens before the law.46 The NRM further claims that they are committed to participation, consensus building, accountability, transparency, responsiveness, effectiveness and efficiency, equity and inclusiveness, and adherence to the rule of law47.
What is happening seems to be a far cry from that.

Violations on Constitutionalism and the rule of law: Article 1 of the Constitution which states that“All power belongs to the people who shall exercise their sovereignty in accordance with this Constitution” has been massively violated by the NRM government.
The Constitution has been rendered a useless document only used to perpetuate a one man’s rule such as the recent time when MPs were coerced to amend and remove the age limit; the only constitutional safeguard towards peaceful transition of power that we had in our constitution.

Curtailing of the right to freedom of assembly and association: The NRM government continues its crackdown on public meetings and civil society groups.
Central to the government’s increasingly repressive stance has been the passing of new legislation.

For example, the right to 45 NRM Ten Point Programme -1986 46 NRM manifesto 2011-2016 47 NRM manifesto 2016-2021 15 hold public meetings and peaceful gatherings have been severely restricted by the Public Order Management Act (POMA), which was signed into law in 2013.

The Act has been used by the government to undermine any attempts to voice opposition against the administration.
The NGO Act has also interfered with the way the NGOs operate.

The Anti -Torture Act is never observed by security forces, with evidence of torture of detainees in safe houses.48 The judiciary itself has increased its efforts to undermine the importance of the media and access to information.

Judges have barred journalists from accessing courts and reporting on certain cases.
The cybercrime law that came into force in June 2016 regulates public interest in matters of freedom of speech, which could be seen as an effort of a direct way to make citizens fear their voices online.
There have been cases where journalists have been charged with “abetting terrorism”, and this legislation has been used when journalists report on situations where photographs are taken during violent situations.49 Failure to hold free and fair elections: The NRM in its manifestos and public pronouncements have always promised to hold regular, free and fair elections as an essential element indemocratic governance.Often, they have brought electoral reforms to hoodwink the public.
The reality is that, despite the claim of a multi-party system, opposition parties have been hindered by harassment, regulatory restriction, and a lack of access to state media coverage.

All this undermines the credibility of elections50.

Failure to establish a strong, independent Judiciary: The NRM promised to establish a strong and independent Judiciary primarily to promote the principle of separation of powers, which would have been an ideal thing51.
Although the NRM has always promised to strengthen the Judiciary, the executive arm led by President Museveni has always attacked and undermined its independence.
The infamous High 48 https://ugandaradionetwork.net/story/victim-narrates-torture-ordeal-in-safe-houses 49 18 https://www.hrw.org/news/2016/11/28/uganda-investigate-killings-rwenzori-region 50 https://www.amnesty.org/en/latest/news/2015/12/uganda-arbitrary-arrests-and-excessive-use-of-force-hindering- debate-in-run-up-to-elections/ 51 https://www.newvision.co.ug/new_vision/news/1411350/slogans-nrm-offers-feasible-campaign-promises 16 Court siege by the so-called black mambas and appointment of cadre judges all point to undermining of the judiciary by the executive.
Failure to uphold rhetoric on zero tolerance to corruption: Through is policy documents such as Vision 2040 and the NRM manifesto, the government has promised to eliminate corruption as an effort to strengthen its governance.

Despite all the promises, corruption remains a cancer that is eating away institutions such as the judicial service sector.

Corruption in the sector runs across all the line of established channels for one to access justice.
Table 2: Key Promises and delivery thereof Sector Theme Promise undertaking and source52 Delivery thereof Comments Government is a signatory to various international Human Conventions, Rights however, there has been a complete disregard and abuse by of especially by the police, the army, and UPS53 people’s rights The pledge is envisaged in the constitution of the Republic of Uganda54 Violations of Human Rights and observance of the rule of law Curtailing of freedom of Assembly and Association rights to still Whereas the president came up to caution the police and the army not torture suspects, a lot needs to be done as the same ongoing.
is signed Government the Anti-Torture legislation, however, torture is still ongoing Government doesn’t want anybody in the opposition to freely move and exercise their inherent rights, they have done this through misrepresenting POMA the Our government would implement the Anti-Torture Act to the letter and also implement the bill of rights as enshrined in the National constitution WE immediately amend the POMA, to all allow people to freely move, associate as and assembly the provided Constitution in 52 NRM Manifeso 2016-2021 53 Bill of rights, Anti Torture Act, 10-point program of the NRM 54 Constitution of the Republic of Uganda (1995) 17 Sector Theme Promise undertaking and source52 Delivery thereof Comments Failure to conduct free fair and elections This promise has been made several times by the IEC, however, it remains a dream as the situation continues to worsen55 to a Failure establish strong, independent Judiciary to Failure uphold rhetoric on zero tolerance to corruption This is a constitutional requirement under the 1995 Constitution, which was promulgated by the NRM government, however, there are no signs the judiciary will ever be independent, almost all prominent judges and justices the Court of Appeal and Supreme Court are cadres of the NRM, answerable not the people but the NRM government government The NRM eliminate promised corruption and mismanagement of public resource56 to to the The Name of Electoral was Commission amended the Independent Electoral Commission, but this doesn’t guarantee the Independence of the Electoral Commission Government has put in place the Judicial Service Commission only that it operates the on orders of Hence president.
making it incompetent to recruit not by Our Government will make sure that the electoral Commission Chairperson and other are Commissioner an appointed impartial body head by a judge, and the opposition will have represented to be among the Commissioners government Our in invest would judicial making appoints a public concern, and make the judicial service commission independent Whereas it put the the in place, IGG same government has weakened the IGG by introducing the anti- statehouse corruption unit of Nakalema, yet the IGG isn’t well funded government Our increase would funding to the IGG the and phase out Nakalama Anti- Corruption which is only a white elephant for swindling government resources.
55IEC annual reports 56 NRM manifesto 2016-2021, and the NRM Ten Point programme 1986.

18 19 5.0 KEY ALTERNATIVE POLICIES AND JUSTIFICATION Our policy alternatives are directly and variously derived from election manifestos of the Opposition Political Parties advanced in the previous elections.

They are also informed by our analytical review of this sector, drawing from the lessons and challenges emerging therefrom, and best practices from other similar jurisdictions.
We, the Alternative Government, will therefore do the following: i. Tackling systemic corruption calls for a determined leadership, with the will and established strong institutions.

Fighting corruption in Uganda requires both long term and short term strategies.

In the long term, there will need to involve religious, cultural and clan leaders in inculcating norms and values that discourage corruption.
Cultural leaders can also change the mindset where primitive accumulation of wealth is shunned rather than celebrated.

Oftentimes, while President Museveni has pronounced that the government would fight corruption, there is nothing to demonstrate this will.

The Alternative Government will strengthen and empower anti-corruption institutions and mechanismstodetectandpreventcorruptionand stealing of publicfunds.
We will also locate and recover all stolen public funds and public assets that have been stolen and expropriated through illegitimate means.

Recovery of stolen funds has effectively worked in Rwanda57.

We will constitute a fearless and truly independent investigative and prosecution agency.

These will be well facilitated to follow up corruption incidences without interference from ‘heavyweights’ ii.
Establish a truly independent and impartial Electoral Commission 57 https://fcpablog.com/2019/03/13/an-africa-success-story-anti-corruption-efforts-in-rwanda-pr/ 20 The Alternative Government will amend the electoral laws to provide for the establishment of an independent and impartial Electoral Commission.
We shall also eliminate bottlenecks to the effective representation of women, youth, the disabled and other marginalized people such as the demand for exorbitant nomination fees, big constituencies for women and youth and people with disabilities.

iii.

Reforms to the Judiciary, constitutionalism and the rule of law The Alternative government will eliminate all legal and administrative restrictions to the independent operations of the Judiciary.
The influence of the President regarding appointments of judicial officers should be removed and require that all public service appointments be effected through an open, transparent and competitive process.

Our government will increase the budget allocation to the sector.

The Judiciary, in particular, needs a 50% budgetary increase to improve on its operations.

The Alternative Government will invest in speeding up technological adoption to improve the efficiency and effectiveness of court processes.
Such technology includes electronic filing of court records, a document management system, and a scheduling system among others; all forming an information management system.

iv.

Provide for the expansion of the Uganda Human Rights Commission Reforms and empower the Judicial Service Commission in selection of its commissioners We shall restructure the constitution of the Uganda Human Rights Commission to provide for additional commissioners.
The current number of commissioners is insufficient to enable all complainants to access justice.

Membership to the commissioner will also be changed from being appointed by the president to being assessed and recommended by the Judicial Services Commission to guarantee a degree of independence and eliminate influence from the executive.
v. Set up a loan scheme at LDC to enable poor students to access funding for the bar course 21 Because of the importance of attached to LDC of producing judicial officers who can dispense justice, access to this institution must be guaranteed.
For that matter, the alternative government through the ministry of education will set up a loan scheme to enable lawyers who finish the bachelors but don’t have money to proceed for the bar course payable in five years after completion of the course Annex 1 presents a summary of our key alternative policies, benefits therefrom and the impact of not implementing the policy alternative.

22 6.0 CONCLUSION Government in NDP II had projected that the country would attain middle-income status by 2020.
This was not possible and government has been forced to shift the goalposts to 2025.

Looking at the abuse in the judicial sector (a critical factor in the development process) it is not surprising that government failed to meet its targets.

The ruling government needs to change from using institutions within the Justice and Constitutional affairs docket for regime survival to institutions that will enable access to justice, ensure peace and stability and subsequently foster growth and development.
The alternative government will ensure the proper functioning of the sector through goodwill to support the strengthening and resourcing of critical policy issues in the sector as well as instituting measures that insulate the institution from external interference 23 ANNEX 1: SUMMARY OF KEY ALTERNATIVE POLICIES Sector Area Tackling Systemic Corruption is need SMART Policy Alternative There Strengthen corruption institutions mechanisms to anti- and Electoral Commission Reforms law The electoral should immediately be amended The Electoral Commission Act, Chapter 140 of the Laws of Uganda must be amended Undertake legal and administrative reforms Reforms to the Judiciary, constitution alism and the rule of law for of provide and commission Benefits/Anticipated Impacts/Justification  Will detect and prevent corruption and stealing of public funds;  All stolen public funds and public assets that have been and stolen expropriated illegitimate means through must and located be recovered.
the To an establishment impartial independent electoral and eliminate bottlenecks to the effective representation of women, youth, the disabled and other marginalized people such as for exorbitant nomination fees.

To provide for a detailed identifying and process of selecting persons who may be recommended for appointment as members of the Commission on merit.

Will expeditious prosecution of corrupt persons in both the public and private sectors.
the demand ensure a Establish corruption truth- telling commission Will allow anybody who has stolen from Ugandan taxpayers or been involved in illegitimate transfer or any acquisition i Impact of Not Doing Institutions remain weak and corruption will persist  The electoral commission will be biased in favor of the NRM government given its structure and composition.
 Other people disfranchised groups of be will to by and Appointments the EC will continuously be Made the executive and people who suit their interests will be chosen Legal administrative structures will remain weak and the corrupt will keep on exploiting loopholes hence the perpetuating the vice.
Not doing this ensures the corrupt fight tooth and nail to hide their vice and the public will Sector Area SMART Policy Alternative  Increase funding to the Inspectorate of Government to enable it to achieve planned its like activities recruiting enough personnel power Increase salaries of judicial officers Every agency in the justice and constitutional affairs sector must publish an annual report on the steps taken to the implement rights fundamental freedoms and the in enshrined constitution Implement the Judicial Code of Conduct The infrastructure crisis in the judiciary must be solved by a committing to Benefits/Anticipated Impacts/Justification form of conversion of public assets the to confess commission and agree on modalities to have such stolen funds or assets recovered as a basis from for prosecution.
amnesty to Corruption has persisted in courts and other institution of Government due to an inefficient Inspectorate of Government, which does have enough resources to investigate such crime, even its personnel isn’t enough to do the work.

reason many The judicial officers are involved in bribery and corruption is because of the inadequate salaries Will act as a tracker and an evaluation tool of what each institution in the sector is doing to promote constitutionalism and the rule of law.
Impact of Not Doing continuously be robbed by the corrupt Corruption cases will the skyrocket judiciary in due Judicial officers will continue in corruption to scandals inadequate salaries.

Not reporting will ensure that the public is not informed of the processes being carried out by the institutions therefore public and trust be diminished.

will This will promote transparency and will check misconduct amongst the judicial officers.
Better facilities for the courts law will be built and of Corruption and misconduct will persist in the sector.
Infrastructure problem will persist and more of scarce the already ii Sector Area SMART Policy Alternative dedicated infrastructure development budget judiciary to Increase access justice through recruitment of more competent Judicial officers to be placed at all county courts as G1s Increased training to courts, lower especially the LC courts Reforming Judicial Commission:  Improve its capacity in terms of recruitments  Increase funding to the sector the Service Uganda Human Rights Commission reforms Restructure how the Uganda Human Rights Commission is constituted and structured.
Reforms for LDC Putting LDC loan scheme in place Benefits/Anticipated Impacts/Justification expenses on minimized.

rent will be More money will be saved and used for other projects and programmes in the sector.
There is a high backlog of case emanating from a few judicial officers Impact of Not Doing resources will be spent on rent A high backlog of cases Many of these courts make unjudicial decisions which affect the administration of justice in society Many officers recruited into the sector are not technically recruited politically but recruited, which impacts on the quality of work.
illegal Irrational, decisions will continue in courts of law Poor quality officers to be will continue recruited the in judiciary.

Will reduce the gaps within the Judicial system If Selection of commissioners is be done strictly by the Judicial Services Commission to guarantee a degree of independence and eliminate influence form the executive.

This will enable all students from law school to finish the bar course.

iii that A high backlog of cases as a result of few judicial officers.
so will Not doing the ensure commission is toothless and cannot do any meaningful checks and balances of the ruling establishment in case of human rights violations Few students will join and complete the bar course.

Sector Area SMART Policy Alternative Benefits/Anticipated Impacts/Justification This will enable the country to have access to cheap legal services Impact of Not Doing iv